The Fair Work Ombudsman has commenced legal action against the operators of a Brisbane earthmoving and quarry supply company.
Facing court is Rockhammer Earthmoving Pty Ltd, which is based in Woolloongabba and provides earthmoving services as well as quarry products such as gravel, rock, sand and mulch.
The regulator began an investigation after receiving a request for assistance from a worker.
A Fair Work Inspector issued a Compliance Notice to Rockhammer Earthmoving in May 2021, after forming a belief that the construction worker had been underpaid minimum wages, casual loading and overtime rates owed under the Building and Construction General On-site Award 2010 for work performed between August 2017 and April 2020.
The FWO alleges the company, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
The FWO is seeking a penalty against Rockhammer Earthmoving Pty Ltd. The company faces a penalty of up to $33,300 for allegedly failing to comply with the Compliance Notice.
The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes rectifying any underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 3 December 2021.
